Can you fire an employee for tweeting about their nasty boss…

…or for posting comments about their employer on Facebook?

By Olivia Goodkin 
Broads Circle Premium Member

Olivia GoodkinGuidance is coming in drips and drabs as courts increasingly grapple with competing interests, including the right to talk with other employees about work conditions, versus preservation of a company’s reputation.
In a much-publicized case, the National Labor Relations Board (NLRB) filed a complaint against a company for firing an employee who complained about her boss on Facebook in violation of company policy that prohibited employees from making disparaging comments about the company.  Other employees at the company joined the discussion on the employee’s Facebook page.  The NLRB took the position that the employees were engaged in “organizing activity” discussing “work conditions,” which activity is protected from retaliation under the National Relations Labor Act even in a non-union shop.  The case settled when the employer agreed to change its policy to be sure that employees were not restricted from discussing their wages, hours and working conditions with co-workers and others while not at work.   Click here to see the complaint that was filed by the NLRB. 

Olivia Goodkin represents companies of all sizes in a variety of employment and business disputes. Preventively, she guides clients through risk management and liability avoidance to help them accomplish their overall objectives.

310.286.1700 | 1901 Avenue of the Stars, Suite 1700 | Los Angeles, CA 90067-6018


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